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California does not recognize non-competes [1][2]. California is also a nebula of innovation and great companies because of it, with creator/developer freedom.
by drawkbox 7y ago
California does not recognize non-competes [1][2]. California is also a nebula of innovation and great companies because of it, with creator/developer freedom.
California will do things for labor other states won't, like not allowing non-competes and AB5. Will there be some situations that aren't ideal? Sure. Will it ultimately help more people not get taken advantage of in the labor market who need it most? Yes indeed.
The 'editor-in-chief' as a contractor seems like stretch reason to get offended by AB5. They could easily be a part-time employee, deny all benefits and nothing would change. But AB5 helps the people that don't have the flexibility of OP.
> California AB5 'came for me today'
> As with many of my colleagues today, because I live in California, I was just told that I can no longer hold a paid position with SB Nation. This means that I will be forced to step down as Editor-in-Chief of Mavs Moneyball as of March 31
> For those who don’t know, California’s legislature recently passed a law, Assembly Bill 5, codifying a California Supreme Court decision that classifies many independent contractors as full-time employees. While there is a small carve-out in the statute that allows for paid writers or editors to continue to produce a very limited amount of content per company, it’s not nearly enough, and it would be hard for me or most of my colleagues to fit in that small box.
The OP makes it sounds like California kicked in the door and ripped their keyboard from their hand and never allowing them to work for the publisher. She can easily be part-time, start a business for it and contract, as an 'editor-in-chief' you'd think that is more involved. With the limit of 30 articles a month is about 3 per month and that is per company, other writers that write for many publishers will be fully fine with this. I doubt most writers that write more than 3 articles a month would mind if they got extra protections, the editor-in-chief is a different thing entirely.
I can understand why businesses are mad about this but not labor or contractors. California makes it easier for contractors to work by not allowing non-competes [1][2].
Non-competes are the most anti-American, anti-business, anti-innovation, anti-labor things in America. Support California taking a stand against the powerful and authoritarians that want essential slaves in the worst form of this.
I have no doubt that SCOTUS will eventually have to deal with non-competes. With how a conservative leaning SCOTUS sided on the favor of business with arbitration, and denying access to the legal system for many, it doesn't look good [3]. Having California as an example of a non-compete state is great to have in that it is innovative and contractors don't have to deal with that in California. I have to fight non-competes in every project that isn't based in California. Lots of these companies want developers to sign a 2-year non-compete for a 3-6 month project which is completely asinine.
California ultimately does more for workers and low/middle class than any other state as well as business being a competitive and innovative magnet. With a market this large they are using their leverage for good. But there will always be the haters and FUD from big business and occasionally some that disagree. Ultimately these policies are better for America and labor.
[1] https://www.upcounsel.com/non-compete-california https://www.upcounsel.com/non-compete-california
[2] https://en.wikipedia.org/wiki/Non-compete_clause#California https://en.wikipedia.org/wiki/Non-compete_clause#California
[3] https://www.cnbc.com/2019/04/24/scotus-conservatives-limit-class-arbitration-in-divided-decision.html https://www.cnbc.com/2019/04/24/scotus-conservatives-limit-c...
- ars 7y ago> Will it ultimately help more people not get taken advantage of in the labor market who need it most? Yes indeed. No it won't. Who exactly will it help? Converting someone to an employee doesn't magically change their income. To make up for extra benefits an employee receives, their base salary is lower. The final total is unchanged. The only difference is now there is a lack of flexibility: An employee needs a certain number of hours, all the benefits are based on it. But if either party needs flexibility, well, now they are stuck. They can't offer benefits because they don't know how many hours, but they can't make them employees because they have to give benefits. This law only has downsides. It will help exactly no one.
- drawkbox 7y ago> No it won't. Who exactly will it help? Converting someone to an employee doesn't magically change their income. Contractors will be helped in many fields and industries. Outside of writing and development/technology, most contractors are messed with and not given their fair shake. This will change that. > The only difference is now there is a lack of flexibility: An employee needs a certain number of hours, all the benefits are based on it. If it is too tight laws can be adjusted. The point is it will help more that it will hurt. You can still be a contractor in California that doesn't have to sign a non-compete, which is worth more than anything to a contractor. > This law only has downsides. It will help exactly no one. Are you speaking from a contractor viewpoint or business? The contractor/labor/worker viewpoint greatly is improved with leverage. Companies have to be more careful with contractor classifications for people that don't want it. If someone wants to work part-time and deny all benefits that is fine. Yes there are things like insurance and more paperwork but you don't think people will innovate and create products to make that easy in California. This is an opportunity. This is California, without non-competes, where competition and innovation happens, and there is still some leverage on the labor/worker side of the equation. Big businesses hate that so California is incessantly attacked by corporate and authoritarian powers that be. America still has one state fighting for labor, California.
- gregd 7y agoWhat laws exist that say an employer has to provide benefits for their employees? A lot of employers offer flexible schedules and a flex schedule can be negotiated during the hiring process.